Burlington, Ont. - Lavigne Tire Sales Limited, a retailer and installer of tires in Burlington, was fined $70,000 on September 9, 2009, for a violation of the Occupational Health and Safety Act (OHSA) after a worker was critically injured. Supervisor Dave Montour was fined $7,500 in relation to the same incident.

On April 20, 2007, a mechanic was using a tire changing machine to install a tire on a rim. This involved expanding the tire with air until it popped into a groove on the rim. Partway through the installation, the tire exploded. It struck the worker on the head and upper body, causing serious injuries to the head, upper body, jaw and wrist.

A Ministry of Labour investigation found that the air pressure pumped though the tire changing machine during the installation far exceeded the air pressure recommended by both the machine's and the tire's manufacturers.

Lavigne Tire Sales pleaded guilty under the OHSA to failing, as an employer, to ensure the manufacturer's instructions were followed when installing and inflating a tire on a rim. Dave Montour pleaded guilty to failing, as a supervisor, to ensure the same.

The fines were imposed by Justice of the Peace Jerry Woloschuk. In addition to the fines, the court imposed a 25-per-cent victim fine surcharge, as required by the Provincial Offences Act.  The surcharge is credited to a special provincial government fund to assist victims of crime.

Court Information at a Glance

Location:                    Ontario Court of Justice

                                    2051 Plains Rd. E., Courtroom 102

                                    Burlington, Ont.

Judge:                        

Justice of the Peace Jerry Woloschuk

Date of Conviction:

September 8, 2009

Defendants:

Lavigne Tire Sales Limited, Dave Montour

Matter:                      

Occupational Health and Safety

Convictions:

OHSA Section 25(2)(h), OHSA Section 27(2)(c)

Crown Counsel:

Line Forestier